Posts tagged: Dispute

Nov 25 2009

Can I leave it all to my dog?

You may wish to to leave some or all of your estate to your dog (or other pet) when you die.  Many people build such strong bonds with their pets that they worry about how their beloved companions will be looked after should they die.

The law does not allow you to leave money directly to an animal. However, you can leave money in a trust appointing someone to be the trustee with the trust funds to be used for the care and upkeep of your pet.

The question then might be what should happen when your pet dies. Without any further provision it might not go where you want it to so it might be a good idea to make a dog charity the ultimate beneficiary.

An alternative might be to leave your estate directly to a dog friendly charity that will look after your pet.

However if you have close family there is every chance that your Will will be contested by those family members who thought they might inherit.

Apr 01 2009

Richard Bacon show BBC Radio 5 Live

I have been invited to be a studio guest on the Richard Bacon show on BBC Radio 5 live tonight. The discussion is headlined as:

Have you ever argued over an inheritance?

“The number of disputes over wills and inheritance has risen dramatically in the last few years.

Last year 228 such disagreements were resolved by judges – compared to only 83 in 2006. ”

If you want to listen to the programme but you don’t want to stay up late you can get in after the event from the BBC website. It should be an interesting discussion!

Here is a link to the programme details:

If you want to avoid the problems caused by having your will contested you can get advice from William Ryan. Call FREEPHONE 0800 878 6565 or 07942 959599 or use our contact page and I will call you back within one working day.

Affordable peace of mind for people from all walks of life and for those not wanting the cost of a high street solicitor.

The home visit Will service is available in Berkshire, Dorset, Gloucestershire, Hampshire, Oxfordshire, Somerset and Wiltshire.

Feb 01 2009

Intestate Somerset farmer leaves a right mess!

David Thorner, 58, from Wookey, near Wells, worked unpaid for his father’s cousin, Peter Thorner, at Steart Farm, Cheddar, for 30 years. For 15 years David also helped care for his then frail relative. Peter died intestate in 2005 having revoked an earlier will under which David would have inherited the farm.

Last year Judge John Randall QC found in favour of David Thorner’s plea that Peter was bound by conscience to leave him the 200-acre estate. The Judge ruled that Mr Thorner should inherit the farm worth over £2 million and Peter Thorner’s sisters and niece should share £750,000.

The Appeal Court reversed the decision, awarding the whole estate to the sisters and niece. Lord Justice Lloyd commented that the source of the dispute rested with Peter’s failure to make another will before he died.

Now before the House of Lords. Mr Thorner asked the Lords to rule he should inherit the farm, as he would have done under the original will.

Papers before the Lords indicated that Peter Thorner gave David Thorner “unstinting help” over the years. He never received money for his work and lived with his parents until they died with his only income being the pocket money they gave him.

The hearing continues and will focus on complex arguments over the laws of intestacy.The decision make take some weeks.

One thing is clear, having no valid will has caused a lot of anxiety for all parties and created a lot of lucrative work for the probate lawyers. A right Somerset mess!

If you would like to arrange a consultation please call Bill Ryan on FREEPHONE 0800 878 6565 or 07942 959599 or use the contact page and I will call you back within one working day.

The home visit Will service is available in Berkshire, Dorset, Gloucestershire, Hampshire, Oxfordshire, Somerset and Wiltshire.

Jan 29 2009

Legal challenges to a valid will?

Protecting Your Will From Legal Challenges

Normally having a valid Will is seen as the best way to prevent arguments after your death. Unfortunately this is not always the case. It seems that the level of disputed wills are on the up as increasingly people are pursuing claims through the courts.

This may be because the value of the estates are increasing (probably fuelled by property prices). Another reason could be the increase in complex family structures due to divorce and remarriage creating different ‘layers’ of expectation within an extended family grouping.

It is the right of any person to leave property to whom he wishes but in certain circumstances this can be challenged under law. The Inheritance (Provision for Family and Dependants) Act 1975 allows persons who were financially dependant on the deceased for six months or more in the previous two years to claim against the estate if the provision they enjoyed has diminished or ceased due to the death of the deceased.

One way to minimise the likelihood of a dispute or even avoid this problem is by having a ‘Letter of Wishes’ drawn up at the same time as the Will, that spells out the reasoning for your bequests. This should be kept with the Will. It’s contents will be taken into account by the court if the Will is challenged. This is also a useful device to expalin the thought processes in operation if, for example, the estate is left in unequal shares to siblings.

The answer lies in writing an effective will that can be located when it is needed. This is a good reason to ensure you have had the right advice, from a professional Estate Planner or a Solicitor, when drawing up the Will. This is the best way to ensure your wishes are carried out!

If you would like to arrange a consultation please call Bill Ryan on FREEPHONE 0800 878 6565 or 07942 959599 or use the contact page and I will call you back within one working day.

The home visit Will service is available in Berkshire, Dorset, Gloucestershire, Hampshire, Oxfordshire, Somerset and Wiltshire.

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